Back to California Unemployment

Mikayla Davison

Can I get California EDD unemployment if I was fired for being absent from work?

So I got let go from my warehouse job last month and I'm trying to figure out if I even qualify for unemployment. My manager said I was terminated for excessive absences but honestly most of those absences were because of a medical situation I was dealing with. I never got a formal warning in writing, they just called me in one day and said I was done. Now I filed with California EDD and my claim is sitting in adjudication and I don't really understand what that means or what's going to happen. Did I mess up by applying? Can you even get unemployment if you were fired for missing work? I'm freaking out a little because I have rent due and I need to know if there's any hope here or if I should just give up and not bother.

Don't panic - being fired for absenteeism doesn't automatically disqualify you from California EDD unemployment benefits. The key thing EDD looks at is whether your absences were your fault or if there was a legitimate reason behind them. If your absences were due to a medical condition, that's actually a strong argument in your favor. California EDD will contact both you and your former employer during the adjudication process to get both sides of the story. Adjudication just means EDD is investigating your claim before making a decision - it's completely normal when there's a dispute about why someone was terminated. Keep filing your weekly certifications while you wait, because if you're approved, you'll get backpay for those weeks.

0 coins

Ok that's a relief to hear. The adjudication thing scared me because the EDD website doesn't explain it well at all. Should I be gathering any documentation about my medical situation?

0 coins

Yes absolutely. Get anything you have - doctor's notes, appointment records, any texts or emails where you told your supervisor about the medical issue. The more documentation you have showing the absences weren't just you blowing off work, the better your position will be.

0 coins

this is really good info, my friend went through something similar and ended up getting approved because she had her doctor fill out a form

0 coins

The technical term for what EDD is deciding is whether you were fired for 'misconduct' under California unemployment law. Not every fireable offense counts as misconduct for unemployment purposes. Missing work for medical reasons, family emergencies, or situations outside your control generally does NOT rise to the level of disqualifying misconduct. Your employer would need to prove you were willfully disregarding their reasonable policies - like you just stopped showing up with no explanation. Since you had a medical reason, you have a solid argument. Make sure when EDD contacts you for your side of the story, you clearly explain the medical circumstances and mention that you didn't receive formal written warnings.

0 coins

This makes me feel way better. They did send a questionnaire asking about why I was terminated. I already sent it back explaining the medical situation. Did I do that right?

0 coins

Yes that's exactly right. The questionnaire is your opportunity to present your side before any decision is made. Just make sure everything you wrote was accurate and complete. If you forgot anything important you can try calling EDD to add information.

0 coins

calling edd though lol good luck with that

0 coins

I was in almost the exact same situation about a year ago - fired for attendance issues after I had some health problems. Honestly I was terrified I would get denied. One thing that saved me was being able to reach an actual EDD agent to make sure my questionnaire was received and my file was complete. I'd been trying to call EDD for days getting nowhere, then someone in another forum mentioned Claimyr at claimyr.com. There's a video demo at https://youtu.be/JmuwXR7HA10 that shows how it works. Basically it gets you through to a live EDD agent without you sitting on hold for hours. I used it to confirm my adjudication documents were in order and got my approval a week later. Can't say for certain it made the difference but having that confirmation gave me real peace of mind.

0 coins

I've been trying to call EDD every single day and can't get through. I'll check that out, thanks.

0 coins

Does that actually work? I tried calling EDD this week and got the 'we cannot take your call' message every single time

0 coins

Yeah it genuinely worked for me. The site is claimyr.com - I was skeptical too but I was desperate enough to try anything after two weeks of failed calls

0 coins

SAME SITUATION HAPPENED TO ME. They said i was fired for attendance and my claim went to adjudication for almost 6 weeks. SIX WEEKS. And they never once answered my calls or responded to my Ask EDD messages. The system is designed to make you give up, I swear. I ended up getting approved but only after I basically fought for it. Don't let them ignore you.

0 coins

Six weeks is terrifying to hear. Did you have to do anything specific to get them to move on it?

0 coins

I kept filing my weekly certifications no matter what and I kept trying to call. Eventually got through by accident at like 7:58am when the lines opened and actually talked to someone who pushed my file along.

0 coins

ugh 6 weeks with no income is brutal. I hope OP has some savings to get through this

0 coins

just to add something here - make sure you are filing your weekly certifications every single week even while in adjudication. a lot of people stop filing because they think there's no point since nothing is decided yet. but if you stop filing and then get approved, you only get paid from when you restart. you lose all those weeks. keep filing no matter what!!

0 coins

I've been filing every week since I submitted the initial claim, is that right?

0 coins

Yes exactly right, keep doing that

0 coins

This is one of the most common and costly mistakes people make. Weekly certifications must continue throughout adjudication and appeals. Good catch.

0 coins

my coworker got fired for absences too and she just got approved last week. she said the key was explaining on the questionnaire that her employer never gave her written warnings or went through any kind of progressive discipline process. california has pretty worker-friendly unemployment rules compared to a lot of states

0 coins

I mentioned the no written warnings thing in my questionnaire. Hopefully that helps.

0 coins

That's a legitimate factor EDD considers. If an employer fires someone without following their own disciplinary procedures, it can actually support the employee's claim that the termination was not for misconduct.

0 coins

wait im confused about something. if your claim is in adjudication does that mean it was denied? or is it still being decided? i thought adjudication meant you were denied and had to appeal

0 coins

Common mix-up. Adjudication just means EDD is investigating and hasn't made a decision yet. It's the review process BEFORE a determination. An appeal is what you file AFTER you receive a denial notice if you disagree with it. Two completely different stages.

0 coins

ohh ok that makes way more sense. so OP hasn't been denied yet they're just waiting for the review

0 coins

Yeah exactly, still waiting. No denial letter has come. Just the status on UI Online showing adjudication in progress.

0 coins

The thing nobody tells you is that your former employer has a big say in this. They will definitely respond to EDD's inquiry and if they say you were repeatedly warned and just didn't show up without calling in, that hurts you. If you have any texts or emails where you notified them about your absences beforehand, save all of that. Even a text to your manager saying 'I have a doctor appointment Monday' is helpful.

0 coins

I do have some texts. I texted my supervisor several times about appointments and stuff. I didn't think to save them but they're still on my phone.

0 coins

Screenshot all of them right now before anything happens to your phone. Seriously do it today.

0 coins

Done. Good call, I wouldn't have thought of that on my own.

0 coins

Also want to mention - if you do end up getting denied (hopefully you won't) you have 30 days from the mailing date of the denial notice to file an appeal. Don't miss that window. The appeals process through the California Unemployment Insurance Appeals Board is actually pretty fair and a lot of people who get initially denied end up winning at appeal, especially with documented medical reasons.

0 coins

30 days from the mailing date, got it. I really hope it doesn't come to that but good to know.

0 coins

the appeals process is stressful but it does work. had a friend win an appeal after being denied for 'misconduct' and the judge sided with him completely

0 coins

random question but does having medical documentation actually make EDD move faster or does it still take forever regardless

0 coins

Having documentation doesn't necessarily speed up the process timeline-wise - adjudication typically takes 3-8 weeks depending on EDD's backlog. But it dramatically improves your chances of getting approved when the determination is finally made.

0 coins

ughhh 3-8 weeks. why does everything with EDD take so long

0 coins

i literally cannot get a human being on the phone at EDD no matter what I do. call at 8am, busy. call at noon, busy. try the callback option, never get called back. its honestly a joke

0 coins

For anyone who really needs to reach EDD, I mentioned Claimyr earlier in the thread but worth repeating. claimyr.com was the only thing that actually connected me to a live agent after weeks of failed calls. There's a demo video at https://youtu.be/JmuwXR7HA10 if you want to see how it works before trying it.

0 coins

ok fine I'll try it because I'm losing my mind trying to get through to these people

0 coins

the phone situation at EDD is genuinely one of the worst things about the whole process

0 coins

Not sure if this applies to your situation but just want to throw it out there - if your absences were related to a disability or chronic condition, you might also want to look into whether your employer was required to accommodate you under California's FEHA. If they fired you without attempting accommodation that could actually be a separate legal issue beyond just the unemployment claim.

0 coins

That's interesting, I hadn't thought about it from that angle. It was more of an acute medical issue than ongoing disability but I'll keep it in mind.

0 coins

Good point to raise, though for purposes of the EDD unemployment claim the focus should stay on showing the absences weren't willful misconduct. The legal accommodation angle is worth exploring separately with an employment attorney if needed.

0 coins

how long has your claim been in adjudication so far? just curious where you're at in the timeline

0 coins

Going on about 3 weeks now since I filed. UI Online just shows 'pending' with no other info.

0 coins

3 weeks isn't too bad yet from what I've read. Some people wait way longer. Hopefully yours moves quick.

0 coins

if it gets past 6 weeks with no movement that's when you might want to escalate, either through calling EDD or contacting your state assembly member's office - they have liaisons who can look into stalled claims

0 coins

can we talk about how stressful it is to have no income while waiting on this adjudication stuff?? like EDD is taking their sweet time and meanwhile rent is due and bills don't stop

0 coins

THIS. The whole system assumes you have a financial cushion to wait on. Most people filing for unemployment definitely do not.

0 coins

Yeah that's exactly my situation. The financial pressure is what's making this so stressful, not even just the uncertainty of whether I'll get approved.

0 coins

I hear you. One practical thing - if you have utilities, most California utility companies have hardship deferral programs. And if you have federal student loans, income-driven repayment plans can temporarily lower payments. Doesn't solve rent but might help with other bills while waiting on EDD.

0 coins

Small thing but make sure the contact information in your UI Online account is completely up to date. Phone number, email, mailing address. EDD will sometimes send notices or try to call you during adjudication and if they can't reach you it can delay things or even result in a denial by default.

0 coins

Oh wow I actually moved recently. Let me check if I updated my address. I might not have done that.

0 coins

Go update it right now in UI Online. You don't want a notice going to your old address and missing the response deadline.

0 coins

Just updated it. Thank you for that, I really could have missed something important.

0 coins

does anyone know if EDD looks at your attendance record at the job before this one or just the current employer

0 coins

EDD's determination is based on the circumstances surrounding your most recent employer separation. Your attendance history at previous jobs isn't part of the misconduct analysis for your current claim.

0 coins

ok good to know

0 coins

Something else worth knowing - if EDD does approve your claim, the benefit amount is based on the highest quarter of earnings from your base period (roughly the 12-18 months before you filed). It has nothing to do with whether you were fired for cause or quit or got laid off. The approval question and the benefit amount question are totally separate calculations.

0 coins

I didn't realize that. So even if they approve me, the amount might be less than I expected?

0 coins

Might be more or less, just depends on your earnings history. You can actually see an estimate in UI Online after you file. Check the claim details section.

0 coins

mine was way less than I expected honestly. but something is better than nothing

0 coins

OP - one more thing about actually reaching EDD if you need to follow up on your adjudication. I know I mentioned Claimyr already but wanted to add that when I finally got through using it, the agent I spoke with was actually able to see notes in my file and tell me specifically what documentation they were still waiting on. That was really valuable information I couldn't get any other way. Site is claimyr.com if you haven't looked yet.

0 coins

I actually went and checked it out after your first mention. Going to try it this week because I really want to know if there's anything missing from my file.

0 coins

being able to see what's in your file sounds super useful, most of us are just guessing what EDD has and hasn't received

0 coins

update us when you hear something OP. threads like this are helpful for people who end up in the same situation later. good luck, I genuinely think you have a solid case based on what you've described

0 coins

Will do. I'm feeling a lot more hopeful after reading everyone's responses. At least I understand what's actually happening now and I know what to do while I wait. Thank you all seriously.

0 coins

You've got this. Medical-related absences with documentation is one of the stronger positions to be in during an EDD adjudication. Keep filing those weekly certifications and don't lose hope.

0 coins

rooting for you OP, the system is rough but people do get through it

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,680 users helped today